The Center, founded in 1985, is an environmental organization dedicated to protecting the environment, enhancing human, animal and plant ecologies, promoting the efficient use of natural resources and expanding participation in the environmental movement.

Tuesday, February 25, 2014

Supreme Court Hears Utility Air Regulatory Group v. EPA

QUESTION PRESENTED:

After this Court decided Massachusetts v. EPA, 549 U.S. 497 (2007), the
Environmental Protection Agency (EPA) found that its promulgation of motor
vehicle greenhouse gas (GHG) emission standards under Title II of the Clean Air
Act (CAA), 42 U.S.C. § 7521(a)(1), compelled regulation of carbon dioxide and
other GHGs under the CAA's Title I prevention of significant deterioration (PSD)
and Title V stationary-source permitting programs.

Even though EPA determined
that including GHGs in these programs would vastly expand the programs contrary
to Congress's intent, EPA adopted rules adding GHGs to the pollutants covered.
The panel below held the CAA and Massachusetts compelled inclusion of GHGs and,
based on that holding, dismissed all petitions to review the GHG permitting
program rules on standing grounds. The questions presented are:

1. Whether Massachusetts compelled EPA to in-clude GHGs in the PSD and Title
V programs when inclusion of GHGs would (i) transform the size and scope of
these programs into something that EPA found would be "unrecognizable to ...
Congress," Petition Appendix 345a, 380a, and (ii) expand the PSD program to
cover a substance that does not deteriorate the quality of the air that people
breathe.

2. Whether dismissal of the petitions to review EPA's GHG permit-program
rules was inconsistent with this Court's standing jurisprudence where the panel
premised its holding that standing was absent on its merits holding that GHGs
are regulated "pursuant to automatic operation of the CAA." Id. at 96a. (ABA, Wash Post, 2/23/2014, Wash Post, 2/24/2014)